This very issue was raised in IRMO Usher (12-2-16). In this case, the court found that the husband’s reduced income did not constitute a material change in circumstances in light of his extreme wealth. Furth more, the party that moved to modify child support showed that the child’s needs have decreased. In essence, the court can also use the income generated by a parties’ assets in computing child support. A parent’s primary responsibility is to their child and their expenses and needs come before any other obligation. Unless these is a material change in a parties’ income that would affect support, the Court will maintain the existing child support order.
If you need assistance in determining whether your child support should be modified, contact attorney Paul Eads today.